Posts Tagged heterosexism
Are conservative Christians harmed by compliance with nondiscrimination laws? It’s a more complex question than it appears at first blush.
I’m glad I don’t have to adjudicate any of these cases. Like people who want to ban books, conservative Christians who raise objections to non-discrimination laws as they apply to glbt persons are acting from a place of good intent, even if I disagree with their conclusions. Book banners want to protect children from ideas they believe children aren’t ready to deal with; conservative Christians who object to complying with nondiscrimination laws on the basis of religious freedom perceive themselves as the aggrieved party being asked to violate their conscience.
US law has long recognized the right of individuals to request exemptions from certain laws and practices based on questions of conscience and religious faith. As I understand it, Quakers are not exempt military service, they are however exempt from participating as combatants. A number of years ago, I helped a friend draft a statment requesting status as a conscientious objector and be granted exemption from combat duty (he was a veteran and member of the reserves at the time). His statement was lengthy, thoughtful and carefully written; he was granted conscientious objector status and ultimately was not recalled to active duty.
US law has, also, long recognzied the right of individuals to be free from discrimination in the public square, which includes small businesses which are public accommodations. Businesses are public accommodations, which means they are subject to generally applicable laws and those signs that many small businesses post that read “We reserve the right to refuse service to anyone” should have a huge asterisk that qualifies that statement. You can’t legally refuse to serve someone because of their race, gender, religion, national origin and so on. Increasingly, that list includes real or perceived sexual orientation. To put it in simple terms, business owners have to make business decisions for business reasons not from animus toward a group of persons.
As more US cities, counties and states adopt nondiscrimination laws covering sexual and gender minorities, and as more states legalize same-sex marriage, I believe there are going to be more cases like that of Elane Photography and Masterpiece Cakeshop, in which small business owners seek exemption from nondiscrimination laws on the basis of religious objections.
What happened in these cases is instructive. Read the rest of this entry »